Angaluki Muaka v Beryl Awinja Sakwa [2017] KEHC 10026 (KLR)
- Court
- High Court of Kenya
- Case number
- 10026
- Citation
- [2017] KEHC 10026 (KLR)
- Decided
- 5 October 2017
The Court finds that Beryl was in very early default of the Agreement and the only amount due to Angaluki is Kshs.600,000 for the months of June and July 2013 and late payment fee of 5%. Judgment is entered in favor of Angaluki for Kshs.2,687,797 plus interest and refund of Kshs.1,977,797.
Facts
Angaluki Muaka and Beryl Awinja Sakwa entered into a Joint Business Venture Agreement on February 14, 2013, to set up a Colon Cleansing and Beauty Shop. Angaluki paid Beryl a total sum of Kshs.1,927,797 as startup capital. Beryl failed to pay agreed monthly instalments of Kshs.300,000 from June 2013.
Issues
- Whether the parties entered into an Agreement dated 14th February 2013 and if so, what were the agreed terms and conditions thereof.
- Whether Beryl is liable to refund the startup capital and pay dividends and late payment fees as claimed by Angaluki.
Reasoning
The Court found that the payments were not conditional on the success of the business and that Beryl was in default from August 2013. The Court also ruled that the late fee is a one-off penalty.
Outcome
Judgment in favor of Angaluki for Kshs.2,687,797 plus interest and refund of Kshs.1,977,797.
Orders
- Judgment in favor of Angaluki for Kshs.2,687,797 plus interest and refund of Kshs.1,977,797.
- Costs of the suit awarded to Angaluki.
Remedies
- Refund of Kshs.1,977,797.
- Kshs.630,000 for the months of June and July 2013 and late payment fee of 5%.
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